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Staying Compliant in 2023- Rules Updates & Reminders

Do your New Year’s Resolutions include keeping your hemp business legal and thriving? Looking to venture into the hemp industry in 2023? While January 1st may often mean the start of your New Year’s Resolutions, January 1 can also mean the beginning (or ending!) of requirements for you and your hemp business. Here is a quick list of updates to keep in mind for your hemp business in 2023:

License Renewals Due Dec. 31

ALL Oregon hemp licenses expired on December 31, 2022, and must be renewed for the 2023 season to continue legal operations.

Please contact EARTH Law, with any questions or for assistance in filing your ODA License Applications.

Hemp Handler License Expansion through Supply Chain

Beginning January 1, 2023, the Oregon handler license now includes anyone who:

  • receives industrial hemp for processing into industrial hemp commodities, products, agricultural hemp seed; or

  • receives industrial hemp commodities or products for processing into hemp items.

In other words, if your business operates within the hemp cannabinoid supply chain, you are required to hold a valid ODA Hemp Handler Registration to legally operate in 2023.

EARTH Law, is available to file your ODA Hemp Handler License Applications and LUCS forms.

Oregon Product Testing and Compliance Updates and Reminders

  • IMPORTANT: Oregon testing requirements for THC values are for both delta-9 THC and THCA amounts. Total THC compliance, including delta-9 and THCA, has been the legal standard in Oregon since 2019. ODA is reminding producers and product manufacturers to keep this in front of mind with the rise of unlawful high-“THCA Hemp” flower on the open market. Total THC compliance includes pre-harvest testing, flower, edible and tincture testing. Note, products testing above the legal limit may subject you and your business to both civil and criminal penalties.

  • In 2022, new limits were imposed on THC content in hemp products. Changes include limiting hemp edibles to 2 mg THC per serving/20 mg THC per container and limiting hemp tinctures to 100 mg THC per container. See a full list of concentration limits here.

  • Hemp products in the general market can NOT contain any artificially derived cannabinoids, synthetic or lab-created cannabis derivatives, including delta-8, THCO, HHC, and CBN.

  • ALL hemp vapor items must have an OLCC-compliant label and must have passed compliance testing with an OLCC-licensed lab.

ODA and OLCC are increasing enforcement efforts in 2023. Please make sure your business is operating in compliance with all rules and regulations and is maintaining the required records. Please contact EARTH Law, LLC with any questions.

Deadline for Testing Lab Registration with DEA Extended through 2023

USDA is delaying the requirement for hemp testing to be conducted by a DEA-registered laboratory until December 31, 2023. Therefore, you can continue to have your compliance testing conducted by state-authorized labs that are not yet DEA-registered- until December 31, 2023.

Please schedule a consultation with EARTH Law, LLC to answer any questions regarding these updates, or for help with your 2023 license applications. You can contact us by email at or by telephone at 541-632-3946.

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